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VILLAGE OF PLEASANT CITY v. OHIO DEPT. OF NATL. RESOUCES, DIV. OF RECLAMATION

No. 92-1102.

67 Ohio St.3d 312 (1993)

VILLAGE OF PLEASANT CITY, APPELLEE, v. DIVISION OF RECLAMATION, OHIO DEPARTMENT OF NATURAL RESOURCES ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided September 15, 1993.

Attorney(s) appearing for the Case

Samuels & Northrop Co., L.P.A., Stephen P. Samuels; Warhola, Heine & Ferguson and Andrew J. Warhola, for appellee.

Porter, Wright, Morris & Arthur and Mark S. Stemm, for appellant R.T.G., Inc.

Lee Fisher, Attorney General, Mark G. Bonaventura and Robert J. Karl, Assistant Attorneys General, for appellant Division of Reclamation.

Thomas P. Michael, urging reversal for amicus curiae, the Ohio Mining and Reclamation Association.

Richard C. Sahli, urging affirmance for amici curiae, Sierra Club, Friends of the Earth, Environmental Defense Fund, National Environmental Law Center, Ohio Environmental Council and Ohio Citizen Action.

WRIGHT, J.

This case presents two issues: First, whether R.C. 1513.073(A)(2) requires the Chief of the Division of Reclamation and Reclamation Board of Review to consider the effect that mining could have on the water supply, aquifer and the aquifer recharge area not based solely on the level of current usage and, second, whether the court of appeals used the proper standard of review in reversing the finding of the Reclamation Board of Review and ordering that Pleasant...

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